Non-maintained Special School

“WHAT ARE NON-MAINTAINED SPECIAL SCHOOLS?”

A non-maintained special school ('NMS') is a school that is not maintained by a Local Authority ('LA') and is specially organised to make Special Educational Provision ('SEP') for children and young people with SEN. The majority of their funding comes via tuition fees. Typically, NMSs will be run by charities or charitable trusts.

“WHAT IS THE DIFFERENCE BETWEEN INDEPENDENT SPECIAL SCHOOLS AND NMSS?”

In practice, the greatest difference between the above is that NMSs are generally non-profit making whereas as independent special schools can be profit making. However, this is not always the case and the latter may also be non-profit making, particularly when run by a charitable trust. (For more information on the differences between the two click here.)

“WHO CAN BE ADMITTED TO AN NMS?”

If a NMS is named in an EHC Plan/Statement, the proprietor of that school has to admit the child or young person for who the EHC Plan/Statement is maintained. Ordinarily, NMSs can be selective of their students and will usually require students to pay tuition fees.

“CAN PARENTS OR YOUNG PEOPLE EXPRESS A PREFERENCE FOR A NMS IN AN EHC PLAN/STATEMENT?”

If parents or young people express a preference for a NMS in an EHC Plan/Statement, then the LA are under a duty to name it on the final EHC Plan unless they can show that the school ‘would not meet the child or young person’sspecial educational needs or that it would be incompatible with the efficient education of others or the efficient use of resources’ (as outlined in the Children and Families Act 2014).

“WILL THE LA PAY FOR A CHILD OR YOUNG PERSON TO ATTEND NMS?”

If the NMS is named in a Statement/EHC Plan then the LA must pay the whole of the fees regarding the education received by the child or young person at the school. This can include the cost of boarding and lodging where the LA is satisfied that this is required as part of the SEP of the child.

This information is meant to be helpful but Douglas Silas Solicitors cannot be responsible for any loss caused by reliance upon it. If you have concerns about your child, please seek professional educational/healthcare advice. Should you find anything which you believe to be inaccurate please Contact Us as soon as possible.